Skip to content Skip to left sidebar Skip to right sidebar Skip to footer

Tag: when a plaint can be rejected

Plaint under C.P.C

 INTRODUCTION 

The Plaint is a document for instituting a suit in the proper court of law.it is very important, drafted by the advocate with consultation of his client.under section 26 of the c.p.c every suit shall be instituted by the presentation of the plaint.In plaint, the plaintiff should allege facts about his cause of action. A plaint which is presented to a civil court of appropriate jurisdiction contains everything, including facts to relief that the plaintiff expects to obtain.

 Plaint is defined in order 7 of CPC. Rules 1 to 8 of order relate to particulars in a plaint. Rule 9 lays down procedure on plaint being admitted. Whereas rules 10 to 10-B provide for the return of plaint, and appearance of parties, rules 11 to 13 deal with rejection of plaint. Rules 14 to 17 contain provisions for the production of documents. Order 7should be read with section 26 of the code.

Every plaint shall contain some particulars 

  • Name of the court in which the suit is brought .
  • The name ,description ,and place of residence of the plaintiff.
  • (Here description means age,fathers name ,total particulars of plaintiff)
  • The name ,description and place of residence of the defendant.
  • In case more than one plaintiff the name of each concerned plaintiff should be given numbering as 1,2,3 .
  • In case the plaintiff ,defendant is a minor or a person of unsound mind,that statement is also mentioned here.
  • The facts which are constituting the cause of action ,and when it arises.
  • Court jurisdiction 
  • The relief what the plaintiff is claiming
  • The statement of the value of the subject matter of the suit for the purpose of jurisdiction and court fees admits 
  • Relief or prayer.( according to rule 1(g) of order v11 0f the cpc the plaint shall contain the relief which the plaintiff claims. In a civil suit different kinds of reliefs can be claimed.
  • Ex:recovery of debt ,damages,possession & declaration of title.declaration of any right for specific performance.,injunction,rendering of account,appointment of receiver).:
  • Signature &    verification .
  • (as per order v1, rule14 of the cpc every plaint shall be signed by the plaintiff and his advocate.in case of plaintiff is illiterate and cannot make signature, on that time he may put his thumb mark on the plaint)
  • Who can verify 
  1. By the party ( in case single)
  2. By one of the party ( in case of several parties)
  3. By a third person who is proved to the satisfaction of the court
  4. In case suit against the corporation —by the secretary or any director or principal officer of the corporation .
  5. In case suit against a minor or disabled person —-verified by any authorized person or guardian ,or next person who may become plaintiff.
  6. In case an idol—— a trustee or legally authorized person or a representative appointed under order 1 rule 8 of the cpc. .

Stages of civil suit 

  • Presentation of plaint 
  • Service of notice on  defendant  
  • Appearance of parties 
  • Ex-parte decree
  • Interlocutory proceedings 
  • Filing of written statement by defendant
  • Production of documents by parties
  • Examination of parties 
  • Discovery & inspection 
  • Admission of evidence 
  • Framing of issues by court 
  • Attendance of witnesses
  • Hearing of suits //examination of witnesses 
  • Arguments
  • judgment//decree
  • Appeal ,review,revision 
  • Execution of decree
  • attachment .

Case Laws:

In R.K. Roja v. U.S.Rayadu & Anr. (2016) 14 SCC 275, the Hon’ble Supreme Court held that “The application under Order VII Rule 11 may be filed at any stage but once the application is filed the court has to dispose of the same before proceeding with the trial”.

Part rejection of Plaint: The Supreme Court in Madhav Prasad Aggarwal v. Axis Bank, (2019) 7 SCC 158 held that plaint can either be rejected as a whole or not at all. It is not permissible to reject plaint qua any particular portion of a plaint including against some of the defendant(s) and continue the same against the others.

The Supreme Court in Mayar H.K. Ltd. v. Owner and Parties, Vessel M.V. Fortune Express, AIR 2006 SC 1828 held that grounds of rejection of plaint specified in Rule 11 are not exhaustive. A plaint can be rejected on other relative grounds also. Where the plaint is found to be vexatious or meritless, not disclosing a clear right to sue, the court may reject the plaint.

Additional particulars of a Plaint

  1. ORDER VII RULE 2- it has been stated under order VII rule 2 that the exact amount of money should be stated by the plaintiff in the plane which is to be obtained from the defendant in a case. Indications, where the exact amount of money to be obtained, cannot be calculated, an approximate amount shall be mentioned in figures by the plaintiff in the plaint.
  2. ORDER VII RULE 3– it has been stated under order VII rule 3 that in the cases where the subject matter of the plaint is an immovable property, such property must be described sufficiently in order to identify it in the ordinary course.
  3. ORDER VII RULE 3 – it has also been stated under order VII rule 3 that when the suit has been initiated by the plaintiff, it should be proved that yah sufficient interest in doing so.
  4. The involvement of the defendant should be adequately shown in the plaint, including his concerned interests.
  5. If the suit has been filed by the plaintiff after the period of limitation, the plaintiff must provide a sufficient reason to obtain an exemption under the law for such delay.

When a Plaint can be rejected?

As per order VII rule 10, records have been empowered to return the plaint under the circumstances when it does not have the proper jurisdiction to entertain such plaint.

The quotes can return the plaint for presentation before the appropriate Court when it is convinced that the trial court itself did not possess the appropriate jurisdiction to entertain the plaint in the first place.

Once the appellate codes are satisfied that the civil suit has been decided by the trial court without proper jurisdiction, such decree passed by the trial court would be considered nullified.

Grounds for rejection of plaint

  • Where it does not disclose a cause of action .
  • Where the relief claimed is undervalued 
  • No stamping 
  • Time barred by any law.
  • Where it is not filed in duplicate

When can a Plaint be rejected by the court of law?

A plaint can be rejected on the following grounds—

  1. The non-disclosure of the cause of action
  2. The relief sought by the party is undervalued and the party is unable to rectify it.
  3. The documents are not properly stamped and the party fails to do so.
  4. Where the suit is barred by law in some way.

Conclusion


A plaint is important in the sense that it is the first and foremost step towards instituting the suit. Therefore, due care has to be taken to ensure that the procedure required for the initiation of plaint has been duly recognized. It is mandatory to follow protocol by stating the relevant facts, the necessary details, refrain from providing evidence and mention the kind of relief envisaged so that the plaintiff is duly benefited